Hazing Prevention

Hazing is defined as any action taken or any situation created intentionally that causes embarrassment, harassment, or ridicule and risks emotional and/or physical harm to members of a group or team, whether new or not, regardless of the person's willingness to participate. Organization members who perpetrate, plan, or witness (without reporting) a hazing incident or organization leaders who have prior knowledge or withhold information of an incident may be subject to individual conduct action. The term "member" includes individuals who participate in organization activities on a limited basis or have not been fully initiated. The following are examples but not an inclusive list:

Requesting and/or requiring any member, regardless of status within the organization, to (or attempt to):

• perform calisthenics (i.e., pushups, sit-ups) and/or physical exercise
• engage in public stunts or jokes
• participate in morally degrading or humiliating games and/or activities
• paddling in any form
• social probation and/or failure to comply with directions of the university officials and their authorized agents acting in the performance of their duties
• having items thrown (i.e., water, paint, food) at any individuals
• required/forced branding or tattooing
• forced consumption of food or liquids, including alcoholic beverages or use of illegal substances
• request or compel attendance at unannounced events and outings
• order personal errands run by members
• participate in pranks or other actions intended to harass any organization member, another organization, or any member of the Montclair State University community
• call any members degrading names that may cause embarrassment or ridicule
• restrict or disrupt the sleep of any member at any time (including sleep deprivation)
• not permit adequate time for studies
• expect members to complete any directives from a member
• demean any member
• cause physical or psychological harm to any members
• commit any violation of the Student Code of Conduct, federal, state, or local law as they pertain to hazing

Hazing also includes activities inconsistent with student organization procedures, Student Code of Conduct, Office of Greek Life policy, fraternity/sorority rituals or national policies, student athletic policies, and/or NJCU policies.

All executive officers of organizations and new member/intake educators are responsible and liable for educating the organization and new members about the policy and consequences of hazing.

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In the State of New Jersey, the Hazing Law states:

1. a. A person is guilty of hazing if, in connection with the initiation of applicants to or members of a student or fraternal organization, whose membership is primarily students or alums of the organization or an institution of higher education, the person knowingly or recklessly:

(1) causes, coerces, or otherwise induces another person to commit an act that violates federal or State criminal law;

(2) causes, coerces, or otherwise induces another person to consume any food, liquid, alcoholic liquid, drug, or other substance which subjects the person to a risk of emotional or physical harm or is otherwise harmful to the person's health;

(3) subjects another person to abuse, mistreatment, harassment, or degradation of a physical nature, including, but not limited to, whipping, beating, branding, excessive calisthenics, or exposure to the elements;

(4) subjects another person to abuse, mistreatment, harassment, or degradation of a mental or emotional nature, including, but not limited to, activity adversely affecting the mental or emotional health or dignity of the individual, sleep deprivation, exclusion from social contact, or conduct that could result in extreme embarrassment;

(5) subjects another person to abuse, mistreatment, harassment, or degradation of a sexual nature; or

(6) subjects another person to any other activity that creates a reasonable likelihood of bodily injury to the person.

Hazing shall not include any reasonable and customary athletic, law enforcement, or military training, contests, competitions, or events.

b. Hazing is a crime of the third degree if an actor commits an act prohibited in subsection a. of this section which results in death or serious bodily injury to another person and is a crime of the fourth degree if the actor commits an act prohibited in subsection a. of this section which results in bodily harm to another person. Otherwise, hazing is a disorderly persons offense.

2C:40-5.  Conduct constituting offense may be prosecuted under other provisions of Title 2C
Conduct constituting an offense under this Act may, at the discretion of the prosecuting attorney, be prosecuted under any other applicable provision of  Title 2C of the New Jersey Statutes.

18A:3-25. Pledge's Bill of Rights
The Attorney General shall develop a "Pledge's Bill of Rights," which outlines acceptable and unacceptable behavior and activities regarding the pledge or rushing activities of college and university fraternities, sororities, and other similar campus organizations.  In developing the Bill of Rights, the Attorney General shall review the existing pledge and anti-hazing policies and procedures of public and independent higher education institutions within the State and shall, as appropriate, incorporate those policies into the bill of rights.  The Attorney General shall make the "Pledge's Bill of Rights" available to each institution of higher education within the State.

For the purpose of this Pledge's Bill of Rights, a pledge is defined as any student of the college/university attempting to become a member of a fraternity, sorority, or other similar campus organization.

For this Pledge's Bill of Rights, "hazing" shall mean:
As indicated, pursuant to the New Jersey Statute:

• 2C: 40-3 a. A person is guilty of hazing, a disorderly persons offense, if, in connection with initiation of applicants or members of student or fraternal organizations, he knowingly or recklessly organizes, promotes, facilitates, or engages in any conduct, other than competitive athletic events, which places or may place another person in danger of bodily injury.
• b. A person is guilty of aggravated hazing – a crime of the fourth degree – if he commits an act prohibited in subsection a., which results in serious bodily injury to another person.
• 2C: 40-4 Notwithstanding any other provision of Title 2C of the New Jersey Statutes to the contrary, consent shall not be available as a defense to a prosecution under this act.
• 2C: 40-5 Conduct constituting an offense under this Act may, at the discretion of the prosecution attorney, be prosecuted under any other applicable provision of Title 2C of the New Jersey Statutes and
• Other behaviors or activities in addition to those prohibited under NJSA 2C: 40 et seq.

To learn more about hazing prevention, please visit hazingprevention.org

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